Opinion
Application No. 23227.
Decided October 19, 1938.
Injunction.
The Supreme Court, being of the opinion that there was no error in the trial court's refusal of a temporary injunction, it is not necessary that it pass upon the merits of the case on final trial for permanent injunction.
Error to the Court of Civil Appeals for the First District, in an appeal from Harris County.
Suit by plaintiffs in error against the defendants in error, a Texas corporation, seeking injunction and damages for using their name and the use of the words "Carpenters and Joiners Union," etc. The trial court sustained general demurrers to the petition and denied the temporary injunction. This judgment was affirmed by the Court of Civil Appeals with a dissenting opinion by Chief Justice PLEASANTS ( 110 S.W.2d 1209), and plaintiffs have brought error to the Supreme Court.
Application dismissed W. O. J.
Sewall Meyer, of Houston, for plaintiff in error.
The application for writ of error prosecuted herein by the United Brotherhood of Carpenters and Joiners of America, Carpenters Union No. 213, et al., Plaintiffs in Error, is Dismissed, W. O. J.
This Court expresses no opinion as to the merits of this case on final trial for permanent injunction. We are simply of the opinion that the trial court did not err in refusing a temporary injunction.
Opinion delivered October 19, 1938.